High Court of Karnataka Hears Appeals Against Single Judge's Order on State Government's Authority Over Inter-State Electricity Transmission. The Court examined whether the State Government could extend its Order to inter-state transmission of electricity under the Electricity Act, 2003.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The High Court of Karnataka heard a batch of writ appeals filed by the State Load Dispatch Centre (SLDC), Karnataka Power Transmission Corporation Limited (KPTCL), and the State of Karnataka against a common order of a Single Judge dated 11.03.2024. The Single Judge had allowed writ petitions filed by private companies engaged in inter-state transmission of electricity, such as NSL Sugars Limited and Altilium Energie Private Limited, and quashed the State Government’s Order dated 16.10.2023 (No. ENERGY 82 PPT 2023) insofar as it extended to inter-state transmission. The State Government Order had been challenged on the ground that it exceeded the State's legislative and executive competence, as inter-state transmission is regulated by central authorities under the Electricity Act, 2003. The writ petitioners also sought the withdrawal of consequential approvals and no-objections issued by SLDC/KPTCL. The Single Judge ruled in favor of the petitioners, holding that the State Government could not regulate inter-state transmission. Aggrieved, the SLDC, KPTCL, and the State Government preferred writ appeals under Section 4 of the Karnataka High Court Act. The Division Bench reserved judgment on 14.11.2025 and pronounced it on 19.12.2025. The core legal issue was the extent of the State Government’s power under the Electricity Act, 2003, particularly regarding entities involved in inter-state electricity transmission. The appeals raised questions about the distribution of regulatory competence between the State and the Centre. The outcome of the appeals is not ascertainable from the limited text provided.

Issue of Consideration

Whether the State Government Order dated 16.10.2023 is valid insofar as it extends to those engaged in inter-state transmission of electricity?

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Law Points

  • inter-state transmission
  • State Government Order
  • regulatory jurisdiction
  • Electricity Act 2003
  • Single Judge allowed writ petitions
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Case Details

2025 LawText (KAR) (12) 51

Writ Appeal No. 529 of 2024 c/w Writ Appeal No. 526 of 2024, Writ Appeal No. 530 of 2024, Writ Appeal No. 557 of 2024, Writ Appeal No. 623 of 2024

2025-12-19

Justice Anu Sivaraman, Justice Rajesh Rai K

NC: 2025:KHC:54593-DB

S.S. Naganand (Senior Counsel for SLDC/KPTCL), Shashikiran Shetty (AG for State), Shridhar Prabhu (for respondents NSL Sugars, Altilium Energie), H. Shanthibhushan (DSGI for Union of India and CERC), Adithya Narayan (for respondent Sri Chamundeshwari Sugars), Nidhi Gupta (for SLDC in WA 623/2024), Smt. Mamatha Shetty (AGA), Smt. Adoorya Bomakka Harish (Advocate for State)

State Load Dispatch Center (SLDC), Karnataka Power Transmission Corporation Limited (KPTCL), State of Karnataka

NSL Sugars Limited, Altilium Energie Private Limited, Union of India, Central Electricity Regulatory Commission, Southern Regional Load Dispatch Center, State of Karnataka, PTC India Limited, Indian Energy Exchange Limited, Energy Development Company Ltd., Andhra Pradesh Central Power Distribution Corporation Limited, Sri Chamundeshwari Sugars Limited

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Nature of Litigation

Writ appeals against common order of Single Judge in writ petitions challenging State Government Order regarding inter-state transmission of electricity.

Remedy Sought

Appellants (SLDC, KPTCL, State of Karnataka) sought to set aside the Single Judge's order dated 11.03.2024 and dismiss the writ petitions.

Filing Reason

The Single Judge had allowed the writ petitions, quashing the State Government Order dated 16.10.2023 insofar as it extended to inter-state transmission, and the appellants were aggrieved by this.

Previous Decisions

The learned Single Judge allowed the writ petitions, quashing the State Government Order dated 16.10.2023 as it pertains to inter-state transmission, and withdrew consequential approvals/no-objections issued by SLDC/KPTCL.

Issues

Whether the State Government Order dated 16.10.2023 is valid insofar as it extends to those engaged in inter-state transmission of electricity?

Judgment Excerpts

The petitions are allowed quashing the impugned State Government’s Order dated 16.10.2023 in No. ENERGY 82 PPT 2023 insofar as it extends to those engaged in inter-state transmission of electricity and the following consequential withdrawal of approval / No-Objections issued by M/s KPTCL [the State Load Dispatch Centre] to the respective petitioners.

Procedural History

The writ petitioners filed writ petitions challenging State Government Order dated 16.10.2023. The Single Judge allowed the writ petitions on 11.03.2024, quashing the Order insofar as it pertained to inter-state transmission. Aggrieved, the State Load Dispatch Centre, KPTCL, and State of Karnataka filed writ appeals under Section 4 of the Karnataka High Court Act. The appeals were clubbed and heard together, reserved for judgment on 14.11.2025, and pronounced on 19.12.2025.

Acts & Sections

  • Electricity Act, 2003: Section 27, Section 31, Section 76
  • Companies Act, 2013:
  • Companies Act, 1956:
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